I. Historical Basis

• Library: The Rights of the Accused under the Sixth Amendment (ABA) (2016 Ed.)

I. Historical Basis

The right to a speedy trial developed from English law. The colonies adopted the speedy trial right in their charters and other fundamental documents.¹ In Klopfer v. North Carolina, Chief Justice Warren succinctly traced the maturity of the right² from the Assize of Clarendon (1166) through the Magna Carta (1215).³ Using Sir Edward Coke's analysis of the English speedy trial right, he equated the delay of a trial to a denial of justice.⁴ "The history of the right to a speedy trial and its reception in this country clearly establish that it is one of the most basic rights preserved by our Constitution."⁵

By the time the Supreme Court decided Klopfer in 1967, all fifty states provided speedy trial protection for their citizens.⁶ Thus, the Klopfer Court held that the Sixth Amendment⁷ right to a speedy trial was incorporated through the Fourteenth Amendment,⁸ and applied in full force to the states.⁹ Since the vast majority of criminal cases are prosecuted in the state systems, speedy trial violations will most likely occur in state, not federal, court.¹⁰

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Notes:

^[1] . Klopfer v. North Carolina, 386 U.S....